The community development department is hereby created and shall be under the supervision of the community development director whose position is hereby created. There is also hereby created the position of deputy community development director, who shall be qualified as, and act in the capacity of, building official, and who shall perform the duties set out herein. The building official, or any member of the department designated by him, shall make inspections, issue or approve permits, as the case may be, and enforce provisions relating to building, electrical, plumbing, mechanical, property maintenance, zoning, air pollution prevention, and all other ordinances of the city in which action by him is prescribed.

(Ord. No. 1006, § 1, 7-9-01)

All persons owning buildings within the city shall be required to display street numbers upon such buildings in the following manner:

(1)

Numbers on residential buildings shall be displayed on, or near the front door, readily visible to passersby;

(2)

The street numbers on commercial buildings shall be displayed in such a manner as to be readily visible to occupants of vehicles immediately in front of such building during all hours of normal daylight. If such street numbers are hidden by an awning or appurtenance, the owner of such building, or persons having control thereof, shall provide supplementary numbers in such a manner as to comply with this section.

(3)

The color of the numbers shall be in direct contrast with the immediate background upon which they are mounted and shall not be affixed to glass.

(4)

The size of the street numbers on residential buildings shall be at least three inches in height and on commercial buildings, at least four inches in height. Said numbers shall be of sufficient size so as to be clearly readable, by a person of normal vision, from the centerline of the adjacent street. Numbers and letters shall be of standard block style. Script numbers shall be prohibited.

(Ord. No. 1006, § 1, 7-9-01)

(a)

The owners and/or occupants of two or more buildings with a common wall used for retail sales and/or service, wholesale, mercantile, warehouse, office contracting or any other commercial or industrial uses shall cause the correct business name and street numbers to be placed on the rear door or adjacent to the rear entrance of such buildings. Numbers and letters shall be a minimum of three inches and shall not exceed six inches in height, and may be composed of standard manufactured letters and block numbers, but, if painted on, must be applied with standard-type number and letter stencil. The name and number shall be placed in such a position as to be plainly visible from the alley, service drive, easement, parking lot or any other rear access.

(b)

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $50.00 or be imprisoned in the county jail for a period not exceeding ten days, or both such fine and imprisonment.

(Ord. No. 1006, § 1, 7-9-01)

The building official shall assign a number on thoroughfares of the city and shall maintain suitable records of all thoroughfares indicating the correct numbers of the same.

(Ord. No. 1006, § 1, 7-9-01)

Whenever an industrial or a commercial building shall become vacant and remain vacant for a period of 90 days or more, it shall be the duty of the owner thereof to erect a chain or other suitable barrier across the entrances and the exits of any adjacent parking lot used in connection with such building so as to prevent the use of such parking lots while and so long as the building shall remain vacant.

(Ord. No. 1006, § 1, 7-9-01)

No person shall engage in the installation, maintenance or repair of any electrical, plumbing or mechanical equipment for which a permit is required, or in the construction, maintenance or repair of a residential one or two-family dwelling, without first having registered his or her contractor license with the city.

(Ord. No. 1006, § 1, 7-9-01)

No person engaged in any construction or work regulated under this article shall operate a truck or commercial vehicle upon the streets and highways of the city unless the vehicle has displayed upon it information relative to the name and address of the person or business operating said vehicle. This information shall be conspicuously placed upon the vehicle. For the purpose of this section "commercial vehicle" shall include all motor vehicles used for the transportation of employees, goods, services and wares including vehicles designed to tow other vehicles. Vehicles belonging to employees of contractors, and used only for personal transportation to a job site, shall not be included.

(Ord. No. 1006, § 1, 7-9-01)

No occupancy certificate shall be issued or renewed under the provisions of the building code or the zoning ordinance unless and until the structure covered by said certificate shall be shown by inspection to be in compliance with the Property Maintenance Code of the City of Madison Heights and the Fire Prevention Code of the City of Madison Heights. The fees for said inspection(s) shall be established by resolution of the city council.

(Ord. No. 1006, § 1, 7-9-01)

A permit shall be obtained from the community development department prior to the placement or replacement of any concrete flatwork for which a building permit or right-of-way permit is not otherwise required, including, but not limited to, driveways, sidewalks, patios and foundations for accessory structures. Permit fees shall be established by resolution of the city council.

The following standards and requirements shall be adhered to for all concrete flatwork:

(1)

A grading plan shall be provided for all new concrete placement clearly showing the existing and proposed drainage. The building official may waive this requirement when, in his opinion, it can be demonstrated that adequate drainage exists on the site. A grading plan may be required for replacement work if there is evidence of current or previous drainage problems on the site.

(2)

All concrete shall be a minimum of four inches thick throughout and shall be placed on a four-inch compacted sand or aggregate base. Where the underlying soils have been disturbed in the past 24 months, compaction tests, borings and/or reinforcement may be required. Concrete shall have a minimum compressive strength, at 28 days, of 3,200 pounds per square inch.

(3)

An approved inspection shall be obtained after the forms are in place and before placement of any concrete.

(Ord. No. 1006, § 1, 7-9-01)

Any person or persons who shall refuse to comply with or who shall assist in the violation of any of the provisions of this article, or who, in any manner, hinders, obstructs, delays, resists, prevents or in any manner interferes with the inspection personnel of the department in the performance of any duty herein imposed, or shall refuse to permit such inspectors to perform their duty by refusing them entrance at reasonable hours to buildings or places for the purpose of enforcement of this article, shall be subject to the fines and penalties herein provided.

(Ord. No. 1006, § 1, 7-9-01)

No building permit shall be issued for any residential construction other than for the erection of a sales model unless and until the city has approved and accepted all public improvements installed in the streets adjacent to the property for which the permit is sought.

(Ord. No. 1006, § 1, 7-9-01)

When plans for the construction, alteration, repair, relocation or improvement of any and all residence buildings are filed with the community development department of the city before a permit is issued, such plans shall be reviewed by the department to determine if they are prepared in accordance with the standards established in this article.

(Ord. No. 1006, § 1, 7-9-01)

The community development department shall not issue a building permit for an accessory structure unless a certified survey of the premises upon which the structure is to be constructed is submitted to the community development department. Such survey shall indicate all easements, encroachments of any type and the size and location of any existing buildings on the lot. This survey shall not be required if the premises is enclosed with existing partition fences which clearly define the property lines.

(Ord. No. 1006, § 1, 7-9-01)

(a)

Unattached, unheated non-masonry accessory structures, including those for which a building permit is not otherwise required, shall be built or erected on a concrete or masonry foundation, or a concrete slab not less than four inches thick. Said foundation or slab shall have a four-inch rat wall 24 inches below finish grade. Sheds and other structures which are considered portable shall be placed on a rat wall, existing driveway slab, or elevated on an open foundation. For purposes of this section "portable" means that the building can be easily moved by one person without disassembly or the use of any tools or equipment.

(b)

No floor drains shall be permitted in unattached structures.

(c)

On garages attached to the principal building, installation of floor drains shall conform to the plumbing code of the city.

(Ord. No. 1006, § 1, 7-9-01)

(a)

All persons who shall hereafter demolish or remove a building or structure shall present proof to the community development department that all utilities have been removed prior to obtaining a permit for such demolition or removal and in addition thereto:

(1)

Remove from the site all foundations and obstructions; including, but not limited to, basement floors and concrete slabs except driveway approaches and public sidewalks: and

(2)

Remove all debris from the site; and

(3)

Cut off and seal water and sewer lines at the property line.

(b)

It shall be the obligation of the owner of the land and/or contractor to comply with subsection (a) of this section.

(Ord. No. 1006, § 1, 7-9-01)

(a)

All equipment used for permanent or portable air conditioning purposes and installed outside of a residential dwelling and its attached structures shall be located in the rear or on the side of the structure, but not within any required rear or side yard setback, and within three feet of the main structure.

(b)

Due to a hardship, air conditioning equipment may be installed in a required side yard setback with a waiver from the adjacent property owner. Screening must be provided.

(Ord. No. 1006, § 1, 7-9-01)

Pursuant to the provisions of the State Building Code, in accordance with Public Act No. 230, of the Acts of 1972, (MCL 125.1501 et seq.) the City of Madison Heights hereby assumes the responsibility for the administration and enforcement of that act and code throughout its corporate limits. The building official of the City of Madison Heights is designated as the enforcing agency to discharge the responsibilities of the city under the Act.

(Ord. No. 1007, § 1, 7-9-01)

Pursuant to the provisions of the State Electrical Code, in accordance with Public Act No. 230, of the Acts of 1972, (MCL 125.1501 et seq.) the City of Madison Heights hereby assumes the responsibility for the administration and enforcement of that act and code throughout its corporate limits. The building official of the City of Madison Heights is designated as the enforcing agency to discharge the responsibilities of the city under the Act.

(Ord. No. 1007, § 1, 7-9-01)

Pursuant to the provisions of the State Plumbing Code, in accordance with Public Act No. 230, of the Acts of 1972, (MCL 125.1501 et seq.) the City of Madison Heights hereby assumes the responsibility for the administration and enforcement of that act and code throughout its corporate limits. The building official of the City of Madison Heights is designated as the enforcing agency to discharge the responsibilities of the city under the Act.

(Ord. No. 1007, § 1, 7-9-01)

Pursuant to the provisions of the State Mechanical Code, in accordance with Public Act No. 230, of the Acts of 1972, (MCL 125.1501 et seq.) the City of Madison Heights hereby assumes the responsibility for the administration and enforcement of that act and code throughout its corporate limits. The building official of the City of Madison Heights is designated as the enforcing agency to discharge the responsibilities of the city under the Act.

(Ord. No. 1007, § 1, 7-9-01)

It is unlawful for any owner or agent thereof to keep or maintain any dwelling, building, structure or part thereof which is a dangerous or unsafe building as defined by this article.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

As used in this article, "dangerous or unsafe building" means any building or structure or part thereof which has any of the following defects or is in any of the following conditions:

(1)

Whenever any door, aisle, passageway, elevator, fire escape, stairway or other means of exit does not conform to the approved fire code of the City of Madison Heights.

(2)

Whenever any portion has been damaged by fire, wind, flood or by any other cause in such a manner that the structural strength or stability is appreciably less than it was before such catastrophe and is less than the minimum requirements of this article or any building code of the City of Madison Heights for a new building or similar structure, purpose or location.

(3)

Whenever any portion, member or appurtenance is likely to fall or become detached or dislodged, or to collapse and thereby injure persons or damage property.

(4)

Whenever any interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

(5)

Whenever any portion has settled to such an extent that the walls or other structural portions have materially less resistance to wind than is required in the case of new construction by this article or by the building code of the City of Madison Heights.

(6)

Whenever the building or structure, or any part thereof, because of dilapidation, deterioration, decay, faulty construction, or because of removal or movement of some portion of the ground necessary for the purpose of supporting such building, or portion thereof, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underlining is likely to fall or give way.

(7)

Whenever the building or structure, or part thereof, has been so damaged by fire, wind, flood or other causes, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play there and to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.

(8)

Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for human habitation or is a condition that is likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living within.

(9)

Whenever any building becomes vacant, dilapidated or opened at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

(10)

Whenever any portion has improperly distributed loads upon the floors or roofs or in which the same are overlooked, or which have insufficient strength to be reasonably safe for the purposes used.

(11)

Whenever the building, exclusive of foundation, shows 33 percent or more of damage or deterioration of the supporting members, of 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

(12)

Whenever, for any reason whatsoever, the building or structure or any portion is manifestly unsafe for the purpose for which it is used, or unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the public.

(13)

Whenever the building official estimates the cost of replacing the building in safe and sanitary condition exceeds the state equalized valuation.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

(a)

Notwithstanding any other provisions of the Code of Ordinances, when the whole or any part of any building or structure is found to be in a dangerous or unsafe condition, the building official shall issue a notice of the dangerous and unsafe condition.

(b)

Such notice shall be directed to the owner, agent or lessee, or any other persons having an interest in the building, as shown by the land records of the Register of Deeds of Oakland County. A notice shall also be sent to the name and address as it appears on the last city tax assessment records.

(c)

The notice shall specify the time and place of the hearing on the condition of the building or structure, at which time and place the person to whom the notice is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.

(d)

The hearing officer shall be appointed by the city council to serve at the pleasure of the city council. The community development department shall file a copy of the notice of dangerous and unsafe conditions with the hearing officer.

(e)

All notices shall be in writing and shall be served upon the person to whom they are directed personally, or, in lieu of personal service, may be mailed by certified mail, return receipt requested, addressed to such owner of or party in interest at the address shown on the tax records, at least ten days before the date of the hearing described in the notice. If any person to whom a notice is directed is not personally served, in addition to mailing the notice, a copy thereof shall be posted upon a conspicuous part of the building or structure at least ten days before the date of the hearing.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

(a)

The hearing officer shall take the testimony of the city inspectors, code enforcement officers, building official, the owner of the property and/or any interested party. The hearing officer shall render his decision either closing the proceeding or ordering the building to be demolished or otherwise made safe.

(b)

If it is determined by the hearing officer that the building or structure should be demolished or otherwise made safe, he shall so order in writing, fixing a time in the order for the owner, agent or lessee to comply therewith. A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the same manner as set out above for notice of hearing.

(c)

If the owner, agent or lessee appears at the hearing, he shall have 30 days from the date of the written order of the hearing officer to appeal that order to the city council. A request for such an appeal shall be filed in writing with the city clerk's office. If the owner, agent, or lessee fails to appear at the hearing, the hearing officer shall file a report of his findings and a copy of his order with the city clerk and request that the city council take the necessary action to demolish or otherwise make safe the building or structure.

(d)

If the owner, agent or lessee files a written request for appeal, or if the hearing officer submits a request for action, the city council shall fix a date for hearing, at which time it shall review the findings and order of the hearing officer. Notice of the time and place of the hearing shall be given to the owner, agent or lessee in a manner described above for notice. At the hearing, the owner, agent or lessee shall be given the opportunity to show cause why the building should not be demolished or otherwise made safe. The city council shall either approve, disapprove or modify the order for the demolition or making safe of the building or structure.

(e)

Any cost incurred by the city for the demolition or making the building safe shall be a lien against the real property and shall be reported to the city treasurer by the community development department, who shall assess the cost against the property on which the building or structure is located.

(f)

The owner or party in interest in whose name the property appears on the last local tax assessment records shall be notified of the amount of such cost by first-class mail at the address shown on the records. If he fails to pay the same within 30 days after mailing by the treasurer of the notice of the amount thereof, the treasurer shall add the same to the next tax roll of the city and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes by the city.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

The building official or his agent shall perform or cause to be performed the following duties under this article.

(1)

Inspect or cause to be inspected annually all public buildings, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist that render such places a dangerous building.

(2)

Inspect any building, wall or structure about which complaints are filed by any person, to the effect that a building, wall or structure is or may be existing in violation of this article.

(3)

Inspect any building, wall or structure reported by the fire or police departments of this city as probably existing in violation of the terms of this article.

(4)

Inspect such other buildings in the city as he deems necessary to determine whether they are dangerous buildings.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

Employees of the fire department shall make a report in writing to the building official of all buildings and structures which are, may be, or are suspected to be dangerous or unsafe buildings. Such reports must be delivered to the building official within 24 hours or as soon as possible after the discovery of such buildings by any employee of the fire department.

(Ord. No. 834, § 1, 9-12-88)

Employees of the police department shall make a report in writing to the building official of all buildings and structures which are, may be, or are suspected to be dangerous or unsafe buildings. Such reports must be delivered to the building official within 24 hours or as soon as possible after the discovery of such buildings by any employee of the police department.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless the dangerous building is immediately repaired, vacated or demolished, the building official shall cause the immediate repair, vacation or demolition of such dangerous or unsafe building. The cost of such emergency repair shall be a lien against the real property and shall be reported to the city treasurer, who shall assess the cost against the property on which the building or structure is located.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

It shall be unlawful for any person to commence the demolition of any building in the city without first obtaining a permit to do so from the community development department, after approval for the issuance of same by the building official and conditioned upon compliance with the following:

(1)

The applicant shall furnish an insurance policy or surety company bond with the city as obligee in an [amount] established by resolution of city council, conditioned to protect the city against all loss or damage to persons or property occasioned by such demolition and guaranteeing the faithful performance of the requirements of this article;

(2)

The applicant shall pay to the community development department a permit fee as described by council resolution and deposit a cash bond in an amount established by resolution of city council for each building or guarantee that demolition will proceed in an orderly and expedient manner and will be completed within a specified time;

(3)

The person shall provide an adequate fence or barricade around the demolition site as shall be necessary to protect the public safety, and as approved by the building official;

(4)

Upon completion of the demolition, all debris shall be removed from the site, and any excavation or depression shall be promptly filled with clean fill;

(5)

No burning of any nature whatsoever shall be done at the site;

(6)

No used materials shall be sold from the premises without obtaining a further license therefor, in accordance with all provisions of this Code of Ordinances;

(7)

All demolition contractors doing business in the city shall, in addition to the provisions herein, apply for and obtain from the community development department a demolition contractor's license. The annual fee therefor shall be prescribed by resolution of city council;

(8)

The building official is hereby given the discretion to waive the bond required in subsection (1) of this section and the cash deposit required in subsection (2) of this section when the demolition is done by the owner of the premises and when, in the building official's opinion, the waiver will not jeopardize the interest of the city.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

No officer, agent or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties under this article. Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of their duties under this article shall be defended by the city attorney until the final determination of the proceedings therein.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building given by and under the provisions of this article shall be guilty of a misdemeanor and punishable by a fine in an amount not to exceed $500.00 or by imprisonment for a term not exceeding 90 days, or both.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

(a)

When any lot, building or structure within the city, because of age, dilapidation or because of the accumulation of refuse or debris or any other condition, becomes, in the opinion of the city manager, a hazard or nuisance that is dangerous to the health, safety or welfare of the public, the city manager may give notice of the hazard or nuisance to the property owner and order the abatement or removal of the hazard or nuisance within a specified time at the discretion of the city manager. That notice may be given to the owner by certified or registered mail to the last known address of the owner of the property upon which the hazard or nuisance exists or by publication. That notice shall also be posted on the property in a conspicuous place as soon as possible after notice is issued.

(b)

If the hazard or nuisance has not been abated or removed within the time specified in the notice, the city manager shall set a time for a hearing. The owner shall be ordered to appear at that hearing to show cause, if any, as to why the city should not take action to abate or remove the hazard or nuisance located on the property. The city manager, acting as hearing officer, shall hear the testimony of the property owner, city inspectors, code enforcement officers, building official and/or any other interested party. The city manager shall determine what action, if any, is to be taken by the city or the property owner. The city manager may order such hazard or nuisance abated or removed by the proper department of the city or may order that the work be done by contract or bid. The cost of such abatement or removal of the hazard or nuisance shall be assessed against the real property upon which it is located by special assessment.

(c)

The city clerk shall give notice of the costs and expenses to the owner of the property, either by registered or certified mail, to the last known address as shown on the last tax assessment roll of the city, or by publication. Such notice shall state the basis of the assessment and shall state a reasonable time for payment, which shall not be less than 30 days. If payment is not made within the specified time, the costs and expenses shall be reported by the city clerk to the city treasurer, who shall assess such amount against the real property on the next tax roll.

(Ord. No. 834, § 1, 9-12-88; Ord. No. 1003, § 1, 2-26-01)

The purpose and intent of this article is to reduce visual blight, litter, and the migration to public streets or other public property of unsolicited written materials by establishing reasonable and predictable locations for the placement of such materials on the private property to which they are delivered. Placement of such materials in consistent, secure and predictable locations will reduce the visual impact of such materials, reduce the likelihood that such materials will rendered unreadable or unusable, reduce the likelihood that such materials will become a nuisance, blight or litter on private property and public streets or other public property, and increase the probability that the intended recipients will find and collect such materials.

(Ord. No. 2149, § 1, 2-24-20)

For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Front door means the street-facing entrance(s) to a principal building or structure. In the event no door faces the street, then any other door of a principal building or structure nearest the street shall be considered a front door for purposes of this section.

Person means an individual, partnership, corporation, limited liability company, association, or other legal entity. Person includes the partners or members of a firm, a partnership, or an association and the officers of a corporation.

Porch means an exterior appendage to a principal building leading to a doorway.

Premises means a lot, plot, or parcel of land including any buildings, structures, driveways, or other impervious surfaces.

Principal building or structure means the main building or structure where the primary use is conducted.

Unsolicited written materials means any written materials delivered to any premises without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises.

(Ord. No. 2149, § 1, 2-24-20)

(a)

Unsolicited written materials delivered to premises shall be placed:

(1)

On a porch, if one exists, nearest the front door; or

(2)

So that such materials are securely attached to the front door; or

(3)

Through a door slot on the front door of the principal building or structure as permitted by the United States Postal Service, Domestic Mail Manual, Sec. 508 Recipient Services, subsection 3.1.2; or

(4)

Between the exterior front door, if one exists and is unlocked, and the interior front door; or

(5)

Where permitted, in a distribution box located on or adjacent to the premises; or

(6)

Adjacent to postal box near the front door; or

(7)

Personally, with the owner, occupant, and/or lessee of the premises.

(Ord. No. 2149, § 1, 2-24-20)

Notwithstanding section 6-394 [6-231] above, an owner, lessee, or occupant maintains the right to restrict entry to his or her premises.

(Ord. No. 2149, § 1, 2-24-20)

Unsolicited written materials placed at a premises create a rebuttable presumption that the materials were placed at the premises by the owner, agent, manager, and/or authorized distributor of the unsolicited written materials.

(Ord. No. 2149, § 1, 2-24-20)

(a)

Any person who places or who causes to be placed unsolicited written materials in areas on or adjacent to a premises other than as set forth in section 6-394 [6-231] of this section shall be responsible for a civil infraction punishable by a civil fine of $100.00 for each violation. A separate violation of this section occurs each time that unsolicited written materials are placed on, at, or about a separate premises in violation of this section.

(b)

A person shall be liable for a violation of this section via the person's officer, agent, or employee if the person engaged the person's officer, agent, or employee to place or to distribute the unsolicited written materials. That a person acted as an officer, agent, or employee of another in distributing or placing unsolicited written materials in violation of this section shall not negate the liability of the person acting as an officer, agent, or employee for his or her violation of this section.

(c)

This section shall not be deemed to have been violated solely based on unsolicited written materials that were placed on, at, or about a premises in violation of this section have remained on, at, or about a premises in violation of this section. Only the initial placement of the unsolicited written materials in violation of this section shall constitute a violation of this section.

(d)

The provisions of this section do not apply to the United States Postal Service.

(Ord. No. 2149, § 1, 2-24-20)

Nothing contained in this section shall be construed to limit the city's other remedies at law or in equity related to unsolicited written materials that have been distributed or placed in violation of this section. Without limiting the scope of the preceding sentence, the city may pursue equitable remedies to enforce this section pursuant to Section 8302 of the Revised Judicature Act of 1961 or as may otherwise permitted by law.

(Ord. No. 2149, § 1, 2-24-20)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

Portable pool shall mean a one piece pool less than 24 inches in depth.

Private shall mean that it is not open to the public and is intended for the use of the resident or his immediate family and guests.

Swimming pool shall mean any outdoor artificially constructed pool, located either above or below grade intended for swimming, wading or bathing, having a depth of two feet or more at any point.

Definitions of terms used in this article other than those listed above shall be as defined by the National Swimming Pool Institute.

(Code 1958, § 6-1001; Ord. No. 196, § 1, 6-11-62; Ord. No. 1003, § 1, 2-26-01)

The applicable provisions of the Madison Heights Building Code adopted by section 6-16, herein, shall govern the construction, alteration and installation of swimming pools.

(Code 1958, § 6-1002; Ord. No. 196, § 1, 6-11-62; Ord. No. 1003, § 1, 2-26-01)

All electrical installations or wiring in connection with swimming pools shall conform to the electrical code of the city relative to swimming pools and no electrical wires shall be permitted over the pool area, excepting public utility wires, including telephone, telegraph and electrical wires.

(Code 1958, § 6-1009; Ord. No. 211, § 1, 11-5-62; Ord. No. 1003, § 1, 2-26-01)

It shall be unlawful for any person to commence construction or assembly of a swimming pool until a permit authorizing such work shall have been obtained from the building official or his or her designee.

(Code 1958, § 6-1003; Ord. No. 196, § 1, 6-11-62; Ord. No. 380, § 1, 3-12-70; Ord. No. 896, § 3, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

Application for a permit to construct or assemble a swimming pool shall be approved by the building official or his or her designee. Such application shall be accompanied by plans, specifications and calculations in duplicate, drawn to scale and in sufficient detail showing the following:

(1)

Plot plan with elevations and topography at not greater than one foot contours for 50 feet measured radially from all points of the pool walls and all existing principal and accessory buildings within said radius;

(2)

Pool dimensions, depths and volume in gallons;

(3)

Filter system with type and size, filtration and backwash capacities;

(4)

Pool piping layout, with all pipe sizes and valves shown, and types of materials to be used;

(5)

The rate capacity and head at filtration and backwash (where applicable) flows of the pool pump in gallons per minute with the size and type of motor;

(6)

Disposal system for pool wastes;

(7)

Mechanical and structural data and details;

(8)

Location of sewer lines, and all water supplies and utilities, electrical, gas, telephone, etc., within 25 feet of the pool; and wells and private sewage disposal systems within 75 feet of the pool;

(9)

Location of ditches, drains, culverts and watercourses within the plot areas;

(10)

Method to be employed to clean the pool, vacuum, etc.

(Code 1958, § 6-1004; Ord. No. 196, § 1, 6-11-62; Ord. No. 380, § 1, 3-12-70; Ord. No. 896, § 3, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

(a)

Inspections during and after construction or assembly of a swimming pool shall be made by the building official or his or her designee for the purpose of determining that all provisions of this article are being fulfilled and complied with.

(b)

Final inspection and approval shall be required prior to pool usage. All pool installations must be completed, filled with water and the filter systems in operation at the time of the final inspection.

(c)

The health officer and the building official or his or her designee shall have the right at any reasonable hour to inspect any swimming pool for the purpose of determining compliance with the intent of this article.

(Code 1958, § 6-1015; Ord. No. 196, § 1, 6-11-62; Ord. No. 896, § 3, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

(a)

There shall be a distance of not less than six feet between the adjoining side and rear property lines and outside of any permanent pool wall. Portable swimming pools may be located three feet from the property line with a six-foot screen constructed along the property line, according to specifications set by the building official and approved by city council.

(b)

There shall be a distance of not less than six feet between the outside of any nonportable pool wall and a building located on the same lot.

(c)

No swimming pool shall be located less than 25 feet from any front lot line.

(d)

No swimming pool shall be located less than ten feet from any side street or alley right-of-way, and in the case of a corner lot, the rear lot line of which abuts a lot on the side street, the edge of the pool nearest the side street shall be located not less than the front yard setback distance on the side street.

(e)

No nonportable swimming pool shall be located in an easement.

(Code 1958, § 6-1005; Ord. No. 196, § 1, 6-11-62; Ord. No. 896, § 3, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

Editor's note— Section 1 of Ord. No. 1003, adopted Feb. 26, 2001, repealed § 6-290 which pertained to the requirements for swimming pool fences and was derived from Code 1958, § 6-1006; Ord. No. 196, § 1, adopted June 11, 1962; Ord. No. 265, § 1, adopted July 26, 1965; and Ord. No. 431, § 1, adopted Nov. 2, 1970.

(a)

All types of equipment and material shall be approved by the building official before installation on a nonportable pool. All work shall be done in a workmanlike manner. The pool structures shall be engineered and designed to withstand the expected forces to which it may be subjected.

(b)

A walkway or deck constructed of concrete or other approved material, three feet wide, sloped away from the pool shall be constructed around the perimeter of the pool. The walkway surface shall be reasonably skid-resistant.

(c)

Excavations shall be protected in an approved manner for safety purposes.

(d)

The design of the pool and surrounding area shall be constructed and arranged in such a manner that all scum, splash and deck water shall not return to the pool except through the filter system.

(e)

Pool floor and walls shall have an approved impermeable surface.

(f)

Diving boards shall be securely anchored and shall be installed with every consideration for safety in usage.

(Code 1958, § 6-1008; Ord. No. 196, § 1, 6-11-62; Ord. No. 896, § 3, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

(a)

Swimming pools shall be provided with a potable water supply.

(b)

There shall be no cross connection between the potable water system and swimming pool circulation systems. The water supply line to the pool shall be protected against backflow of water by means of a fixed air gap of six inches or more above the highest possible water level, or by an approved vacuum breaker installed in an approved manner. No over the rim fill spout will be accepted unless located under a diving board or installed in an approved manner so as to remove any hazard.

(c)

There shall be no direct connections with the private or public sewer system.

(d)

All pool drainage and waste water shall be disposed of in a manner approved by the building official and city engineer. Pool drainage water shall be discharged in such a manner that it flows directly into a storm sewer or other approved disposal area and shall not, in any case, be discharged directly on the ground so as to flow onto any adjoining property except through, or upon, an approved drainage easement.

(Code 1958, § 6-1007; Ord. No. 196, § 1, 6-11-62; Ord. No. 1003, § 1, 2-26-01)

Cross reference— Water supply and sewage disposal systems, Ch. 29.

Every pool shall be equipped with a recirculation system capable of maintaining reasonable clarity of pool water.

(Code 1958, § 6-1010; Ord. No. 196, § 1, 6-11-62; Ord. No. 380, § 1, 3-12-70; Ord. No. 1003, § 1, 2-26-01)

(a)

Swimming pools and pool equipment shall be maintained and operated in a manner which will not contribute to health or safety hazards or to a public nuisance.

(b)

Proper germicidal levels shall be maintained at all times during pool usage to protect the health of users. A chlorine residual of three to one parts per million shall satisfy this requirement. Other disinfecting agents may be approved by the building official or his or her designee.

(c)

The pH of the pool water shall be maintained between 7.0 and 8.0.

(d)

Testing devices capable of accurately measuring pH and germicidal levels shall be provided and utilized to insure safe pool operation.

(Code 1958, § 6-1011; Ord. No. 196, § 1, 6-11-62; Ord. No. 896, § 3, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

No outdoor swimming pool shall be used in such a manner as to constitute a nuisance as defined in article II of chapter 17.

(Code 1958, § 6-1012; Ord. No. 196, § 1, 6-11-62; Ord. No. 380, § 1, 3-12-70; Ord. No. 1003, § 1, 2-26-01)

No person shall use any private swimming pool unless said pool shall be under the direct control of the owner or a responsible adult person designated by the owner.

(Code 1958, § 6-1013; Ord. No. 196, § 1, 6-11-62; Ord. No. 1003, § 1, 2-26-01)

Failure to maintain any swimming pool or any part thereof for a period of one year or more shall be deemed to be conclusive proof of an intention to abandon the same by the owner thereof, and such swimming pool or any part thereof may be abated by the building official in accordance with the provisions of section 6-294; provided, however, that any intentional abandonment through which a swimming pool constitutes a public nuisance may be summarily abated in accordance with the provisions of section 6-298.

(Code 1958, § 6-1014; Ord. No. 196, § 1, 6-11-62; Ord. No. 896, § 3, 8-10-92)

Any person, or anyone acting on behalf of said person, violating any of the provisions of this article, or any rules, regulations or codes lawfully promulgated or adopted hereunder, shall, upon conviction thereof, be subject to a fine of not more than $500.00 or to imprisonment for a period of not more than 90 days, or both such fine and imprisonment at the discretion of the court. Each day that a violation of this article is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this section. In addition any improper or incorrect installation, operation, maintenance or use so defined in this article shall also constitute a nuisance and the building official may in addition to the penal provisions abate such nuisance by means of any appropriate court actions.

(Code 1958, § 6-1016; Ord. No. 196, § 1, 6-11-62; Ord. No. 896, § 3, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

There is hereby adopted by reference the International Property Maintenance Code, 2021 Edition, as promulgated, published and approved by the International Code Council, Inc., together with all amendments, references and supplements are hereby adopted by reference as if fully set forth herein except as otherwise set out in the Code of Ordinances; provided, that any provisions thereof are not in conflict of any provisions of this Code of Ordinances. The building official is designated as the enforcing agent to discharge the responsibilities and enforce the provisions of this code.

(Ord. No. 2105, § 1, 6-28-14; Ord. No. 2183, § 1, 6-27-22)

Editor's note— Ord. No. 2105, § 1, adopted June 28, 2014, repealed the former § 6-141, and enacted a new § 6-141 as set out herein. The former § 6-141 pertained to similar subject matter and derived from Ord. No. 1075, § 1, adopted June 14, 2010, effective June 28, 2010.

Charter reference— Specific authority to adopt technical codes by reference, Ch. 7, § 7.7.

The following sections and subsections of the International Property Maintenance Code, 2021 Edition, are hereby amended or deleted, and additional sections and subsections are added as hereinafter set forth. Subsequent section numbers used herein shall refer to the like numbered sections or subsections of the International Property Maintenance Code:

(1)

Section 101.1 is hereby amended to read as follows:

"101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Madison Heights, hereinafter referred to as "this code"."

(2)

Section 103.1 is deleted in its entirety and the following new Section 103.1 is added as follows:

"103.1 General. The Building Official is designated as the enforcing agent to discharge the responsibilities and enforce the provisions of this code."

(3)

Section 103.5 is hereby amended to read as follows:

"103.5 Fees. Fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be established by resolution of the City Council."

(4)

Section 106.4 is hereby amended to read as follows:

"106.4 Violation penalties Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety-three (90) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense."

(5)

Sections 110.1 to 110.4, inclusive, are hereby deleted in their entirety. (See Sections 6-178 to 6-189 of this Code of Ordinances.)

(6)

Section 111 is deleted in its entirety and the following new Section 111 is added as follows:

"SECTION 111 MEANS OF APPEAL; BOARD OF APPEALS

111.1 Application for appeal. Any person directly affected by a decision of the code official, or a notice or order issued under this code, shall have the right to appeal to the Madison Heights Construction Code Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim of one or more of the following: 1) that the true intent of this code, or the rules legally adopted there under, have been incorrectly interpreted; 2) that the provisions of this code do not fully apply; 3) that the requirements of this code are adequately satisfied by other means; 4) that the strict application of any requirement of this code would cause an undue hardship; or 5) that the applicant is aged and indigent, without the resources to comply, and that failure to correct the ordered corrections or repairs immediately does not pose an imminent danger to the health or safety of the occupant(s).

111.2 Membership of Board. The Madison Heights Construction Code Board of Appeals shall act as the appeal body under this code and shall hear all appeals under this code.

111.3 Notice of meeting. The Board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings.

111.4 Open hearing. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than three (3) members of the Board.

111.4.1 Procedure. The Board shall adopt, and make available to the public through the secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

111.5 Postponed hearing. When there are not at least four (4) members present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

111.6 Board decision. The Board shall modify or reverse the decision of the code official only by a concurring vote of three Board members.

111.6.1 Records and copies. The decision of the Board shall be recorded. Copies shall be furnished to the appellant and to the code official.

111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the Board.

111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to court of appropriate jurisdiction to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision with the Community Development Department.

111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.

111.9 Waivers. The rules of the Board of Appeals shall provide that any waivers granted by the Board as the result of an agreement between the property owner(s) and the City must be reduced to writing and in recordable form and shall be recorded with the county register of deeds. Any application for a waiver under the provisions of this Article on grounds that the applicant is aged and indigent shall be accompanied by a sworn statement containing the true financial condition of the applicant and of his or her spouse and must show all ownership interest in the property. Any statements which shall be fraudulently made shall be deemed to be a violation of this Article."

(7)

Section 112.4 is hereby amended by inserting the amounts "$100.00" and "$500.00" in the appropriate spaces.

(8)

Section 202 is hereby amended in part to add the following definition:

"Family: One or more individuals living together in one dwelling unit, whose relationship is of permanent and distinct domestic character, and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie, or other organization, which is not a recognized religious order, nor include a group of individuals whose association is temporary or resort seasonal in character or nature."

(9)

Section 302.4 is hereby amended by inserting "six inches (6")" in the first sentence.

(10)

Section 303 is hereby deleted in its entirety. (See Sections 6-283 through 6-298 of this Code of Ordinances.)

(11)

Section 304.14 is hereby amended by inserting the dates "May 1st" and "October 30th" in the appropriate spaces.

(12)

Section 602.3 is hereby amended by inserting the dates "October 15th" and "June 15th" in the appropriate spaces.

(13)

Section 602.4 is hereby amended by inserting the dates "October 15th" and "June 15th" in the appropriate spaces.

(14)

Section 604.2 is hereby amended in its entirety as follows:

"604.2 Service. Dwelling units shall be served by a three-wire 120/240 volt, single phase electrical service having a minimum rating of one hundred (100) amperes."

(15)

Section 605 Electrical Equipment is deleted in its entirety and the following new section inserted to stand in its place:

"SECTION 605 ELECTRICAL EQUIPMENT

605.1 Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manor and shall be of an adequate number and type.

605.1.1 Evidence of Inadequacy. Any of the following shall be considered evidence of inadequacy.

1.

Use of extension cords in lieu of permanent wiring.

2.

Oversizing of overcurrent protection for circuits, feeders of service.

3.

Unapproved extensions or additions to the wiring system in order to provide light, heat or power.

4.

Electrical overload.

5.

Misuse of electrical equipment.

6.

Lack of not less than one (1) lighting fixture in each hallway, bathroom, water closet compartment, laundry room, furnace room, stairway or basement.

7.

Lack of not less than two (2) separate and remotely located receptacle outlets in each habitable space. Lack of at least one grounded type receptacle in each laundry area. Lack of at least one receptacle in every bathroom.

605.2 Minimum Standards: Where it is found that the wiring system of an existing dwelling unit is inadequate the following minimum standards shall be complied with:

1.

Entrances and Exits. Where two (2) or more entrances and/or exits exist, at least two (2) shall be illuminated by exterior lights. Exterior lights shall be controlled by interior wall switches, located for convenient and readily accessible use.

2.

Living Room. The living room shall be provided with a conveniently located wall-switch-controlled light or receptacle. The switched receptacle may be one of the required receptacles in the room. Duplex receptacles shall be equally spaced around the walls of the room, one duplex receptacle on each wall, unless the spacing requirements of the Michigan Electrical Code are met.

3.

Kitchen. The kitchen shall be provided with illumination. The required illumination shall be controlled by a wall switch. A separate kitchen appliance circuit shall be provided, supplying a minimum of three (3) grounding-type duplex receptacle outlets. The grounding contacts of these receptacles shall be grounded. G.F.C.I. protection shall not be used as a substitute for grounding. Two (2) of these receptacles shall be readily accessible and spaced for convenient use of portable appliances. New appliance circuits shall be 20 ampere capacity.

4.

Bathroom. Bathrooms shall be provided with illumination, controlled by a conveniently located wall switch. A receptacle separate from a light fixture shall be provided. All bathroom receptacles shall be G.F.C.I. protected.

5.

All Other Habitable Rooms. Habitable rooms shall be provided with a conveniently located wall-switch-controlled light or receptacle. A minimum of two (2) additional duplex receptacles are required, equally spaced around the room.

6.

Basement. The basement shall have a minimum of one lighting outlet for general illumination. All enclosed areas that may be walked into, (except coal bins) shall be provided with a lighting outlet.

7.

Laundry Area. Laundry areas shall be provided with illumination. This light shall be permitted to be connected to the laundry circuit. A wall-mounted grounding-type duplex receptacle shall be provided adjacent to the laundry equipment, on a separate circuit. New laundry circuits shall be 20 ampere capacity.

8.

Space Heating System. Heating equipment that requires electricity for operation of any facet shall be provided with an individual circuit. A disconnect switch shall be provided on or adjacent to the equipment. (Exception: Thermo-pile controlled furnaces.)

9.

Stairwells. Stairwells shall be adequately illuminated. Lighting outlets shall be controlled by wall switches. Wall switches shall be located for convenient and readily accessible use. Switches shall not be located where it is necessary to use darkened stair sections for their operation. Stairwells connecting finished portions of dwellings shall be provided multiple-switch control: one at the head, the other at the foot of the stairwell.

10.

Service and/or Feeder. The service or feeder to an existing dwelling unit shall be a minimum of three-wire, one hundred (100) ampere capacity. Service equipment shall be dead front, having no live parts exposed whereby accidental contact could be made. All plug-type fuses shall be Type S.

Exception: An existing properly installed sixty (60) ampere capacity, three wire service and feeders of thirty (30) ampere, two-wire are acceptable if adequate for the load being served.

11.

Existing Wiring and Equipment. Existing wiring and equipment shall be in good repair. Circuit extensions made with flexible cord wiring in lieu of permanent wiring shall be eliminated.

605.3 New Work. All new work shall conform to the Michigan Electrical Code or the Michigan Residential Code as applicable."

(16)

Section 705, Fire Protection Equipment, is added as follows:

"SECTION 705 FIRE PROTECTION EQUIPMENT

Section 705.1 All residential dwelling units which are offered for rent or lease, shall be equipped with a fire extinguisher with a minimum rating of 2A/10BC and meeting the requirements of the Fire Prevention Code of the City of Madison Heights. Any common tenant areas in multiple unit structures in which dwelling units are located, containing laundry equipment for tenant use, shall be equipped with a fire extinguisher with a minimum rating of 4A/10BC and meeting the requirements of the Fire Prevention Code of the City of Madison Heights. All extinguishers shall be permanently mounted."

(Ord. No. 2105, § 1, 6-28-14; Ord. No. 2183, § 1, 6-27-22)

Editor's note— Ord. No. 2105, § 1, adopted June 28, 2014, repealed the former § 6-142, and enacted a new § 6-142 as set out herein. The former § 6-142 pertained to similar subject matter and derived from Ord. No. 1075, § 1, adopted June 14, 2010, effective June 28, 2010.

Editor's note— Section 1 of Ord. No. 1003, adopted Feb. 26, 2001, repealed § 6-143 which pertained to the creation and responsibilities of a housing code board of appeals and was derived from Code 1958, § 6-1313; Ord. No. 319, § 1, adopted Oct. 23, 1967; and Ord. No. 814, § 1, adopted Jan. 11, 1988.

Any person or persons who shall refuse to comply with or who shall assist in the violation of any of the provisions of this article, or who, in any manner hinders, obstructs, delays, resists, prevents or in any manner interferes with the inspection personnel of the department in the performance of any duty herein imposed, or shall refuse to permit such inspectors to perform their duty by refusing them entrance at reasonable hours to buildings or places for the purpose of enforcement of this article, shall be subject to the fines and penalties herein provided.

(Ord. No. 1001, § 1, 12-11-00)

The following words and phrases when used in this division are defined as follows:

Landlord means the owner, lessor, or sublessor of a rental unit, or the property which it is a part of and, in addition, means a person authorized to exercise any aspect of the management of the premises, whether for any form of compensation or not, including a person who, directly or indirectly, acts as a rental agent, receives rent, other than as a bona fide purchaser, and who has no obligation to deliver the receipts to another person.

Owner is any person, agent, firm or corporation having a legal or equitable interest in the premises.

Rental unit means any non-owner occupied structure, or part of a structure, used as a home or residence by a person or household unit, or any grounds, or other facilities or area promised for the use of a residential tenant, whether for any form of compensation or not, including without limitation, apartment units, modular homes and one and two-family dwellings. A rental unit that is rented or leased with an option to purchase is considered a rental agreement until the lessee fully exercises the option to purchase as evidenced by a recorded deed or land contract.

Responsible local agent shall be the owner, or a representative of a corporation, partnership, firm, joint venture, trust, association, organization, or other entity having a legal or equitable interest in the property. All official notices may be issued to the responsible local agent, and any notice so issued shall be deemed to have been issued upon the owner of record. The responsible local agent shall be responsible for operating the registered rental unit and shall also be responsible for providing access to such premises for any inspection necessary to insure compliance with the terms of this article.

(Ord. No. 1067, § 1, 6-8-09)

No person shall rent, lease, offer for rent or lease, or allow the occupancy any rental unit, whether for compensation or not, without a landlord license from the city. Landlord licenses are not transferable between landlords or rental units. A separate license is required for each dwelling unit in a rental property. A landlord shall be licensed with the city to be entitled to collect rent or to evict tenants and occupants residing or located on the premises. Sale of the subject property results in immediate termination of any license.

(Ord. No. 1067, § 1, 6-8-09)

The fees and the term of the license shall be established by resolution of city council. Every landlord seeking a license under this division shall make an application to be accompanied by the required fee payable to the city. A registration fee, once tendered, may not be transferred. If the license is cancelled a refund of any unused full year payments may be requested. Such application shall contain the full name, business address, residence address, phone number, date of birth and drivers license or state identification card number of the applicant and if known, the name of the tenant occupying the property.

Application for a landlord license is an admission of fact by the applicant that the applicant is conducting a rental dwelling operation as defined by this article. It shall be the duty of all landlords to apply for the landlord license, and license renewals, as required by this article and obtain all required inspections, repairs, and approvals prior to the occupancy or renewal date.

(Ord. No. 1067, § 1, 6-8-09)

(a)

The building official shall issue a license under this division if;

(1)

The applicant's property is not in violation of any ordinance of the city.

(2)

All required inspections of the subject property have been completed and approved.

(3)

Application and inspection fees are paid.

(4)

No landlord license shall be issued until all of the following fees and debts to the city have been paid in full:

a.

All current property taxes and current annual installments of any special assessments;

b.

Any water bills outstanding;

c.

All charges against the property for mowing, cleanup, weed or debris removal, or fines, penalties, or debts of any sort arising from provisions of the property maintenance code, including any blight provisions.

(b)

The building official is hereby empowered to revoke or suspend a license issued under this division if it is discovered that the applicant has either:

(1)

Misrepresented himself or herself or the ownership or condition of the property or;

(2)

His or her property is, or becomes, violative of any of the ordinances of the city.

(Ord. No. 1067, § 1, 6-8-09)

The building official, or his designee, shall determine the number and type of inspections required to obtain a license and is hereby authorized to make inspections of premises licensed under this division:

(1)

Upon application and before issuance of an initial license;

(2)

Upon application and before issuance of a renewal license;

(3)

Upon receipt of a tenant complaint or at any other time deemed necessary by the building official.

An applicant for a license under this division shall consent to such inspections to determine the condition of the apartment building, multiple unit, multiple dwelling, dwelling or dwelling units within the city. For the purpose of making such inspections, the building official or his or her authorized representative is hereby authorized, upon seven days notice, to enter and inspect at all reasonable times all apartment buildings, multiple dwellings, and rental dwelling units. The landlord, tenant or person in charge of an apartment building, multiple dwelling, or rental dwelling unit shall give the building official or his or her designee free access to the premises.

(Ord. No. 1067, § 1, 6-8-09)

The owner of any rental dwelling or rental dwelling unit shall designate a person as the responsible local agent who shall be responsible for operating the rental dwelling or rental unit and who shall provide access to the rental dwelling or unit for inspection by the code official for compliance with the applicable ordinance requirements. The responsible local agent shall be a Michigan resident and reside within a 100-mile radius of the City of Madison Heights.

(Ord. No. 1067, § 1, 6-8-09)

It shall be the duty of each landlord to provide each tenant with a copy of the current landlord license and subsequent renewals. Landlords of multi-family buildings may elect to display a copy of the current license(s) affixed to an interior wall either adjacent to the primary entrance door to the multi-family building, or in an on-premise rental office.

(Ord. No. 1067, § 1, 6-8-09)

Upon a sale of an occupied rental unit, the new owner shall apply for a license prior to transfer of ownership.

(Ord. No. 1067, § 1, 6-8-09)

(a)

No person shall engage in the moving of buildings within or through the corporate limits of the city without first having been licensed to move such buildings.

(b)

Before any license is issued under this section, the applicant therefor shall file a written application with the building inspection administration.

(c)

License fees for moving contractors shall be set by resolution of the city council.

(Code 1958, §§ 6-128, 6-130, 6-131; Ord. No. 351, § 1, 5-27-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

Cross reference— Licenses generally, § 7-16 et seq.

(a)

A moving contractor under this article shall post a cash performance bond to guarantee the payment of any and all damages to public property caused by the moving operations, including any damage to street surfaces, sidewalks, streetlights, public buildings or any and all other damage to public property; also to guarantee payment of all inspection fees and expenses incurred by the city as a result of the moving operations. The amount of said bond shall be determined by resolution of the city council.

(b)

The city shall retain the moving contractor's performance bond for not less than 30 days after the moving operations are completed, during which time it shall be the duty of the building official to estimate the amount of damage, if any, to public property resulting from the moving operations, and to ascertain whether all materials and debris have been removed from the premises from which the house was moved, in case such premises are located within the city. The building official shall make a written report in regard thereto and place the same on file. The amount of the contractor's bond, less inspection fees, and less the amount of damage, if any, to public property, and less the expense, if any, of removing material and debris, shall be returned to him as soon as practicable. In case the amount of such damage or cleaning up and removal expense shall be more than the amount of the deposit, the contractor shall pay the city the difference, within ten days after receiving a statement thereof from the building official.

(c)

The owner or moving contractor on the owner's behalf shall also file a cash deposit in an amount determined by resolution of city council to guarantee that the building will be completed according to the plans and specifications on file with the city and will be in full compliance with the requirements of the building code of the city and fit for occupancy within 90 days from the date when the moving permit is granted. The owner shall be entitled to the return of said cash deposit upon completion of the building within 90 days and approval and certificate of occupancy by the city.

(d)

Upon application of the owner or moving contractor, the mayor and the city council, sitting as a special board, may upon the determination of the existence of extenuating circumstances require the posting of a surety or other bond instead of a cash bond or may, upon showing of a hardship, waive the posting of any of the bonds as are required in this section.

(Code 1958, § 6-134; Ord. No. 356, § 1, 9-23-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

During a moving operation under this article, it shall be the duty of the building official, or other representative of the city delegated for the purpose by the city manager, at least once each day and for such length of time as he deems advisable to inspect the moving operation and take any steps necessary to prevent injury to public or private property or any undue interference of public travel. The city shall be paid for the cost of the use of all city equipment required to be used or present during the moving operation and in addition shall be paid an hourly sum as set out by resolution of council or fraction thereof for the services of each of the city's representatives present for inspecting the moving process. The representative of the city shall be the judge as to the time necessary for proper inspection during the moving operation. Written notice shall be given to the building official at least 48 hours in advance of the moving date. No building shall be moved at a time earlier than that agreed upon by the moving contractor and the city authorities.

(Code 1958, § 6-133; Ord. No. 351, § 1, 5-27-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

It shall be the duty of the moving contractor under this article to move the building over the route designated by the building official or his or her representative. In the process of moving such building, it shall be done in a way to least obstruct the street and as expeditiously as possible; such building shall not be left standing at any street intersection at any time except in case of unavoidable occurrence making such standing necessary in the opinion of the inspector or his or her designee. It shall be the duty of the moving contractor to erect a safe and sufficient barrier around any part of a street occupied by such building during the nighttime and maintain sufficient colored lights or flares thereon during the hours at night for the protection of the public.

(Code 1958, § 6-135; Ord. No. 351, § 1, 5-27-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

The moving contractor under this article shall secure the approval of the building official of the plugging of sewer connections before covering the work at any building removal site. He shall fill all excavations which result from the moving of the building and remove all materials and debris from the premises from which the house is to be moved, in case such premises are located within the city. The burning of such materials and debris on the premises is hereby prohibited without the written consent of the fire chief or his or her designee.

(Code 1958, § 6-134; Ord. No. 351, § 1, 5-27-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

Any building moved for the purpose of being occupied as a residence within the city shall not be occupied during the moving operations or until the building has been completed and approved by the building official and a certificate of occupancy has been issued by the city. Before such certificate of occupancy is issued it shall be the duty of the building official or other duly authorized representative of the city to make a final inspection for the purpose of ascertaining whether such building is completed according to the plans, specifications and agreements on file with the city, is in full compliance with the requirements of the building code of the city and is fit for human occupancy. If the certificate of occupancy is not applied for within 90 days after the permit for moving a building is granted, or if the building is not completed or ready for human occupancy within 90 days, the cash deposit required by section 6-202 or any part thereof may be declared forfeited to the city and the city may institute proceedings to have such building condemned and torn down; provided, that upon application by the person owning the building, and for good cause shown, the time for completing the work on the same so that it may be occupied may be extended for one period of 90 days upon payment of a renewal fee for such extension.

(Code 1958, § 6-136; Ord. No. 351, § 1, 5-27-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

No building having a floor area of more than 50 square feet shall be moved out of, through, or from one location to another within the city or on any of the public ways without first securing a written permit therefor.

(Code 1958, § 6-129; Ord. No. 351, § 1, 5-27-68; Ord. No. 1003, § 1, 2-26-01)

Before any permit is issued under the provisions of this article the applicant therefor shall file a written application with the building official. The application shall give the name of the owner and the description of the building to be moved; give its dimensions, state the purpose and give the locations from which and to which it is to be moved, together with the routes proposed to be followed. In case the building has a floor space area of more than 50 square feet, or in case it is over 15 feet in height, and if the building is to be located within the city, the application must be accompanied by photographs showing each of the four side elevations of the building, and must likewise be accompanied with a copy of a full set of plans for the building as it is proposed to complete the same after moving; also, in such case, the application must be made at least three working days in advance of the moving day or longer if so required by the building official in order to make the necessary arrangements.

(Code 1958, § 6-130; Ord. No. 351, § 1, 5-27-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)

Permit fees for moving any building over 50 square feet in area or over 15 feet in height through the city or over the streets of the city shall be set by resolution of the city council.

(Code 1958, § 6-131; Ord. No. 351, § 1, 5-27-68; Ord. No. 1003, § 1, 2-26-01)

Before any permit is issued under the provisions of this article, the moving contractor shall furnish a certificate of insurance showing ownership of public liability and property damage insurance in an amount to be approved by the city, and shall provide to the city a properly executed indemnification and hold harmless agreement, in a form approved by the city.

(Code 1958, § 6-132; Ord. No. 351, § 1, 5-27-68; Ord. No. 1003, § 1, 2-26-01)

(a)

No building over 50 square feet in area or over 15 feet in height shall be moved from one location to another within the city nor into the city from without the corporate limits of the city without a written permit from the building official.

(b)

The approval of the building official shall be conditioned upon the age and structure of the building and requirement that it meet the building, health and safety codes of the city. If the building to be moved will not conform to the general characteristics of the buildings in the area to which the building will be moved, the building official may deny the permit for such move. In case of such denial, an appeal can be taken to the zoning board of appeals whose decision shall be final.

(Code 1958, § 6-137; Ord. No. 351, § 1, 5-27-68; Ord. No. 896, § 1, 8-10-92; Ord. No. 1003, § 1, 2-26-01)